Employee Religious Observance Refusal vs. Contractual Duty to Work

A former employee sued for damages, claiming wrongful dismissal after being terminated for refusing to work on a specific day due to religious observance, arguing the dismissal was without real and serious cause, while the employer asserted the refusal constituted a breach of the employment contract requiring strict execution of duties. The court rejected the appeal, reasoning that an employment contract mandates the employee's availability for agreed-upon work hours, and a refusal to perform assigned duties, even for personal beliefs, can constitute a legitimate and serious ground for dismissal if the employer has not agreed to any modification of the working arrangement.